Redundancy the correct procedure.

[Roger The Lodger]

I have just been made redundant. I know the process has been mismanaged from start to finish and I am going to make a claim for unfair dismissal.

There is a 5 day period to appeal this decision. We are only one day into this period. I know if I don't appeal it can go against my case but the managing partner has just e-mailed the whole of the firm around 150 staff including partners and equity partners and announced I am on gardening leave and will be leaving the firm, and wished me well in the future.

I was thinking of appealing but it looks like he has already decided for me? Surely this is another of many errors by the managing partner and should not have happened.

[Tools]

Re: Redundancy the correct procedure.

First point of call now is to contact ACAS if you wish to make a claim for unfair dismissal. Once you have spoken to them please let us know what they advised and we can take it from there.

[teaboy2]

Re: Redundancy the correct procedure.

How many are being made redundant?

Why have you been placed on Gardening leave?

Was there any consultation period prior to giving you notice of redundancy (most be no less than 30 days or 45days if over 100 employees facing redundancy)? - Only applies if you are making 20 or more employees redundant! Though it is still deemed good practice to consult employees and their representatives prior to giving notice if its below 20 employees facing redundancy.

How long have you worked for the company? As notice periods should be as follows: (the 5 days you were given would be deemed notice period)

1 month to 2 years -	At least a week
2 years to 12 years -	A week’s notice for every year employed
12 or more years -	12 weeks

So assuming you have been employed 3 years you should had 2 weeks notice and an additional weeks notice for each year of employment after that up to a maximum of 12 weeks. So i'd say they have breached procedure on redundancy on that point, assuming you have 3 or more years employment.

Have they attempted to find you alternative role within the company, or offered you another role? (its not you being made redundant its the position you hold that is being made redundant, hence why they can not offer/advertise your position afterwards for a limited period of time)

[Roger The Lodger]

Re: Redundancy the correct procedure.

I've received 12 weeks notice but I have 5 days to appeal the decision to be made redundant. Hence the question about the e-mail to the whole of the firm saying I am leaving after 30 years loyal service. This e-mail should have not been sent out until after the 5 day appeal time had lapsed?

[teaboy2]

Re: Redundancy the correct procedure.

The email, stating you were leaving could be defended merely by stating they had assumed you would not be appealing based on discussions they had with you. Though to be honest, yes they should not have sent the email prior to the end of the appeal period subject to you not appealing. But by taking any action for breach of confidentiality your unlikely to get anything worthwhile out of it, and just get a load of stress from pursuing it.

Also can you please answer the other questions i had asked too. Because all though they gave you the correct notice period, they may not have followed correct procedure elsewhere, which would give you grounds to appeal.